chapter  26
30 Pages

Frustration of Charter

Question of fact and law 26.8 Where there is an appeal to the courts from an arbitration award which decides that a

contract has or has not been frustrated, it is important to know which part of the award the courts will treat as dealing with a question of fact and which part as dealing with a question of law, because the courts can review arbitrators’ decisions on questions of law but only on the basis

authorities, which are still relevant following the coming into force of the 1996 Act, the courts sought to draw the distinction between questions of fact and law in frustration cases.